الهيئة الدولية للتحكيم

Published by : الهيئة الدولية للتحكيم

التحكيم التجاري الدولي
international commercial arbitration

covers applicable laws, and the concept of the arbitral “seat”. In
accordance with the principle of party autonomy, the parties may choose the law
that applies to determine their rights and obligations under their international
commercial agreement. The law may be that of a certain state, or it may be
principles of international commercial law, referred to as lex mercatoria or law
merchant. In the absence of an express choice of applicable law, regard will be had
to any implied choice, failing which the rules of private international law are used.
These rules seek to apply the law that has the closest and most real connection to
the dispute. It may, for example, be the law of the place where the contract was to
be performed. Alternatively, the parties may avoid application of any particular
law to the substance of the dispute and instead authorise the arbitral tribunal to
decide the dispute on the basis of fairness, referred to as ex aequo et bono or as
amiable compositeurs.


الهيئة الدولية للتحكيم